Full text: Secretarial practice

WINDING-UP RULES 
80 
(3) In the case of meetings under section 242 of the Act the 
continuing Liquidator or if there is no continuing Liquidator any 
creditor may summon the meeting. 
(4) This Rule shall not apply to meetings under section 238 or 
section 245 of the Act. 
128. A certificate by the Official Receiver or other officer of the 
Court, or by the clerk of any such person, or an affidavit by the 
Liquidator, or creditor, or his solicitor, or the clerk of either of such 
persons, or as the case may be by some officer of the Company or its 
solicitor or the clerk of such Company or solicitor, that the notice of 
any meeting has been duly posted, shall be sufficient evidence of such 
notice having been duly sent to the person to whom the same was 
addressed 
129. Every meeting shall be held at such place as is in the opinion 
of the person convening the same most convenient for the majority 
of the creditors or contributories or both. Different times or places 
or both may if thought expedient be named for the meetings o 
creditors and for the meetings of contributories 
130. The costs of summoning a meeting of creditors or con- 
tributories at the instance of any person other than the Official 
Receiver or Liquidator shall be paid by the person at whose instance 
it is summoned who shall before the meeting is summoned deposit 
with the Official Receiver or Liquidator (as the case may be) such 
sum as may be required by the Official Receiver or Liquidator as 
security for the payment of such costs. The costs of summoning 
such meeting of creditors or contributories, including all disburse- 
ments, for printing, stationery, postage and the hire of room, shall be 
calculated at the following rate for each creditor or contributory to 
whom notice is required to be sent, namely, two shillings per creditor 
or contributory for the first 20 creditors or contributories, one 
shilling per creditor or contributory for the next 30 creditors or 
contributories, sixpence per creditor or contributory for any number 
of creditors or contributories after the first 50. The said costs shall 
be repaid out of the assets of the Company if the Court shall by 
order or if the creditors or contributories (as the case may be) shall 
by resolution so direct. This Rule shall not apply to meetings under 
sections 238 or 242 of the Act. 
131. Where a meeting is summoned by the Official Receiver or the 
Liquidator, he or someone nominated by him shall be Chairman of 
the meeting. At every other meeting of creditors or contributories 
the Chairman shall be such person as the meeting by resolution shall 
appoint. This Rule shall not applv to meetings under section 238 
of the Act. 
132. At a meeting of creditors a resolution shall be deemed to be 
passed when a majority in number and value of the creditors present 
personally or by proxy and voting on the resolution have voted in 
favour ef the resolution. and at a meeting of the contributories a 
Proof of notice 
Forms 76 and 
aay 
Place of 
meetings 
Costs of 
calling meeting 
Chairman of 
meeting. 
Form 78. 
Ordinary 
resolution of 
creditors and 
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